The EFF is running a First Amendment challenge to the DMCA’s anti-circumvention provisions. In June 2019 the government lost a bid to have the case thrown out f

The EFF is running a First Amendment challenge to the DMCA’s anti-circumvention provisions. In June 2019 the government lost a bid to have the case thrown out for lack of jurisdiction [1]. The court accepted that the anti-circumvention provisions “burden the use and dissemination of computer code, thereby implicating the First Amendment” (p 26), but dismissed the claims that the provisions were inherently unconstitutional. I’m not sure when the court will resolve the outstanding question of whether the provisions are unconstitutional as applied to the specific research the plaintiffs claim they prohibit. [1] https://www.eff.org/document/green-v-doj-memorandum-opinion https://www.eff.org/document/green-v-doj-memorandum-opinion